CCR1988209COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 8209-88
AUTHORIZING APPROVAL OF AGREEMENT
(Leachate Dumping)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Utilities Committee, does
hereby authorize the Mayor and Clerk to execute the attached
agreement in the name of the City.
DATED THIS /3& DAY OF , 1988.
Y
PUBLIC UTILITIES COMMITTEE
Ald. Harold Sanders
Ald. Daniel Hilt
Ald. Thomas Repischak
ATTEST:
City Clerk
9/88
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AGREEMENT
WHEREAS, the CITY OF MUSKEGO, hereinafter referred to as
"CITY", operates a sewer.system; and
WHEREAS, the undersigned, hereinafter referred to as "WASTE",
is a landfill operator; and
WHEREAS, the CITY and WASTE with the cooperation and approval
of the Milwaukee Metropolitan Sewerage District, hereinafter
referred to as "MMSD", wish, on a trial basis, to test a system
whereby WASTE may unload certain leachate into said sewer system.
NOW. THEREFORE, IT IS AGREED AS FOLLOWS:
1. That anything unloaded by said WASTE into said system
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shall only be the type of material approved by all applicable
government agencies, rules, laws and regulations.
2. The unloading site shall be located at Xanhole in road at
W143 S6400 College Court, City of Muskego, and will be open only
during the periods in which the unloading is operated and
supervised by representatives of MMSD, and it is contemplated at
this time that the site will be open between 7:OO a.m. and 5:OO
p.m. Monday through Fridays and between 8:OO a.m. and 4:OO p.m. on
Satxrdays.
3. The site will never be used without an operator supplied
by MMSD being on the premises and said operator inspecting and
approving each load.
4. The site will operate on a trial basis and may be closed
for any reason or no reason at all at any time with no prior
notice to anyone by MMSD or the CITY: this agreement may be
terminated at any time for any reason or no reason at all by the
CITY with no prior notice to anyone.
5. WASTE will pay any and all applicable fees including the
fee of the CITY which at this time is $1.20 per 1,000 gallons: the
CITY'S fee of $1.20 per 1,000 gallons will be paid to the "SD
operator at the time of the use of the facility.
6. WASTE agrees to accept the responsibility for maintaining
the sewer line on College Court to Tess Corners Drive to the
satisfaction of the CITY and all other applicable government
agencies, and if for any reason said line is not so maintained,
the facility may be closed,by the CITY with no further notice to
anyone.
7. WASTE or its hauler will be licensed with the CITY at an
annual fee of $ 30 per truck. 2~ - I
8. WASTE agrees that if any change in the use of the
facility is required by MMSD, the CITY or any other applicable
government agency, it will immediately comply.
9. WASTE shall indemnify and save harmless the CITY, its
officers, agents and employees and shall defend the same from and
against any and all claims, losses, damages, suits, judgments,
cDsts, expenses, attorney fees, etc. to whomever owed and by
whomever and whenever they are sought, ordered or maintained,
which may in any manner result from, or arise in the course of,
out of, or as a result of the acts of WASTE including, but not
limited to, the dumping of leachate into the CITY sewer system or
by the violation of WASTE of any rules, laws, regulations,
ordinances, etc. of any government unit or agency: said losses or
damages indemnified against may be those of the CITY.
10. It is understood by WASTE that the CITY may require in
order for WASTE to continue operating under this agreement that
WASTE, at its expense, to the specifications of the CITY,
construct certain odor control devices in the CITY sewer system.
11. WASTE and its successors and assigns shall be bound by
the terms of this agreement.
Dated this day of , 1988.
CITY OF MUSKEGO
By:
Wayne G. Salentine, Mayor
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